Tuesday, March 17, 2009
Ind. Decisions - Two Indiana decisions today from the 7th Circuit
In US v. Devon Groves (ND Ind., CJ Miller), a 12-page opinion, Judge Sykes writes:
On appeal, Groves renews his challenge to the admission of the gun. We reject his arguments and affirm. Although an anonymous tip is generally insufficient to support an investigative stop, Florida v. J.L., 529 U.S. 266 (2000), there was more supporting this stop than just an anonymous tip. Under United States v. Hensley, 469 U.S. 221 (1985), police may conduct an investigative stop of a suspect based on a “wanted flyer” or “bulletin” like the one at issue in this case. The bulletin issued for Groves was supported by ample reasonable suspicion that he was involved in the earlier shooting, and this in turn was sufficient to justify the stop. A complication is that the dispatcher told responding officers there was a warrant for Groves’s arrest, not just a pickup “bulletin.” But this mistake did not undermine the preexisting reasonable suspicion for the stop. Moreover, to the extent that the error had any effect on the validity of the stop, suppression was not required. The Supreme Court has just held that a negligent mistake by police personnel regarding the existence of a warrant does not require application of the exclusionary rule. Herring v. United States, 129 S. Ct. 695 (2009).In Carolina Casualty v. Estate of Dimitry Karpov (ND Ind., Judge Springmann), a 9-page opinion, Judge Marion writes:
Carolina Casualty sought a declaratory judgment that its liability was limited to the $1 million per-accident limit set forth in the insurance policy it issued to Net Trucking, Inc. and Stanislaw Gill. The defendants, who were among several of the victims in a tractor-trailer/automobile accident, argued that the Motor Carrier Act (“MCA”) and an endorsement Carolina Casualty issued verifying compliance with the MCA established coverage at $750,000 per person. The district court rejected this argument, holding that the policy limited liability to $1,000,000 per accident. The district court granted Carolina Casualty summary judgment and we affirm.
Posted by Marcia Oddi on March 17, 2009 12:44 PM
Posted to Ind. (7th Cir.) Decisions